Maseko v Principal Secretary Ministry Of Works And Others [2002] SZIC 11 (26 April 2002)


IN THE INDUSTRIAL COURT OF SWAZILAND


HELD AT MBABANE CASE NO. 49/2002


In the matter between:


MICHAEL MASEKO APPLICANT


and


THE PRINCIPAL SECRETARY


MINISTRY OF WORKS 1st RESPONDENT


THE SWAZILAND GOVERNMENT 2nd RESPONDENT


THE ACCOUNTANT GENERAL 3rd RESPONDENT


THE ATTORNEY-GENERAL 4th RESPONDENT


CORAM:


NDERINDUMA: PRESIDENT


JOSIAH YENDE: MEMBER


NICHOLAS MANANA: MEMBER


FOR APPLICANT: S. MOTSA


FOR RESPONDENT: Z. MATSE


JUDGEMENT


26/04/02


The Application for an interim order interdicting the Respondent pending an agreement on the Applicant's retirement package is misconceived.


The court order dated the 28th February, 2002 was to the effect that the Applicant be paid gratuity and other applicable benefits since he had already attained the retirement age.


These benefits are computed in terms of the relevant laws and regulations and there is no provision for agreement as to the manner in which the benefits are computed.


2


The Respondents have failed to establish a clear right to the relief sought. This is a preliquisite for granting an interdict.


In the result the Application is dismissed with costs.


The Members Agree.


NDERI NDZIMA


JUDGE PRESIDENT - INDUSTRIAL COURT

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